N.Y. Penal Law § 220.03

§ 220.03 Criminal possession of a controlled substance in the seventh\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe seventh degree when he or she knowingly and unlawfully possesses a\ncontrolled substance; provided, however, that it shall not be a\nviolation of this section when a person possesses a residual amount of a\ncontrolled substance and that residual amount is in or on a hypodermic\nsyringe or hypodermic needle obtained and possessed pursuant to section\nthirty-three hundred eighty-one of the public health law, which includes\nthe state's syringe exchange and pharmacy and medical provider-based\nexpanded syringe access programs; nor shall it be a violation of this\nsection when a person's unlawful possession of a controlled substance is\ndiscovered as a result of seeking immediate health care as defined in\nparagraph (b) of subdivision three of section 220.78 of the penal law,\nfor either another person or him or herself because such person is\nexperiencing a drug or alcohol overdose or other life threatening\nmedical emergency as defined in paragraph (a) of subdivision three of\nsection 220.78 of the penal law.\n Criminal possession of a controlled substance in the seventh degree is\na class A misdemeanor.\n